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ALHAJI UMAR GHALI NA?ABA v. ATTORNEY GENERAL OF THE FEDERATION & ORS

(2010) JELR 47213 (CA)

Court of Appeal  •  CA/A/195/2003  •  14 Apr 2010  •  Nigeria

Coram
MARY U. PETER-ODILI JCA; JIMI OLUKAYODE BADA JCA; ABDU ABOKI JCA;

Judgement

JIMI OLUKAYODE BADA, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court, Abuja in Suit No. FHC/ABJ/CS/225/2003 between Attorney General of the Federation v. Chief Anyim Pius Anyim Senate President Federal Republic of Nigeria and 3 Others delivered on the 26th day of May, 2003.

The Plaintiff now 1st Respondent commenced this action at the lower Court against the Defendants and raised 7 issues for determination as follows:-

"(1) Whether the Defendants' Constitutional power under Section 58(5) of the 1979 (sic) Constitution has become exercisable when the President has neither refused nor withheld his absent under Section 58(4) of the 1999 Constitution.

(2) Whether the passage by the Senate and the House of Representatives of the Corrupt Practices and Other Related Offences Bill 2003 into law was proper and validly made while the President and the National Assembly were restrained by a Federal High Court Order of 12th March, 2003 from …

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